Right to Information Act, 2005 The Right to Information Bill was introduced in the Lok Sabha in December, 2004

It was !assed b" both houses of #arliament The #resident ga'e its with ma$or amendments in %a" 200&

assent on (une )& and the *ct was notified in the +a,ette on (une 2) The law has become o!erational w e f -ctober )2, 200& This law seeks to re!lace the erstwhile .reedom of Information *ct, 2002 but it was not found effecti'e ha'ing man" loo!holes The suggestion gi'en b" /ational *d'isor" 0ouncil, 0i'il Societ" -rgani,ations, #eo!le1s %o'ements and acti'ist that right to information be made more !rogressi'e, !artici!ator" and meaningful *fter stud"ing the suggestions and taking into considerations of the 2#* +o't 1s, 0ommon %inimum #rogramme, the +o't of India decided to re!eal the .reedom of Information *ct, 2002, b" introducing Right to Information *ct Coverage : Chapter 1 : - The *ct will a!!licable whole of India e3ce!t (ammu 4 5ashmir Note 1 : ( 4 5 has its own freedom of Right of Information in 2004 Note 2 : The se'en states ha'e re!ealed their own laws with the enactment of RTI w e f )2 )0 2006 7Delhi, Ra$asthan, %aharastra, +oa , 5arnatka, Tamil /adu 4 *ssam8

The Right of Information is well defined legislation and has 9I 0ha!ters, :) sections Jurisdiction : ;ill co'er all le'els of +o't < 0entre, State, District, Local Self +o'erning Bodies like #ancha"ats, %unici!al Bodies, -ther Local Bodies, 0oo!erati'e Societies etc = 0o'er offices of #ublic *uthorities established, owned or substanti'el" financed b" the 0entral, State +o'ernments or *dministrator of 2T1s = *n" bod" controlled or substanti'el" financed b" these +o'ernments= and *!!licable substanti'el" to all non>go'ernments directl" or organi,ations? b" these financed, indirectl"

+o'ernments 7/+-s, 9-s and other Bodies8 India has included among 68 countries that have such legislature. Sweden has its e3istence in )@66 and it has the distinction of being the first countr" in the world to abolish !olitical censorshi! and !ro'ided the !ublic access to the +o'ernment documents /ow more than 6& countries ha'e ado!ted RTI in 'arious forms of the world de!ending u!on their culture, go'ernment and ci'il societ" *ustralia, 0anada, /ew Aeeland, 2S*, .inland, /orwa", .rance, 25, South *frica and (a!an are the few countries

Information means !ection 2": *n" material, in an" form, including Records, documents, memos, emails, o!inions, ad'ices, !ress releases, circulars, orders, logbooks, contracts, re!orts, !a!ers, sam!les, models, data material held in an" electronic form #ther $odies: Information relating to an" !ri'ate bod" which can be accessed b" a #ublic *uthorit" under an" other law for the time being enforced Right to Information means !ection 2": The information held or under the controlled of an" #ublic *uthorit" and includesB Right to ins!ect works, documents, records Right to take notes, e3tracts or certified co!ies of documents or records Right to take sam!les of material Right to obtain information in the form of diskettes, flo!!ies, ta!es, 'ideo cassettes or in an" other electronic mode or through !rintouts where such information is stored in a com!uter or in an" other de'ice Note: )8 Right to Information whose disclosure is in the !ublic interest 7section C8 28 Information which cannot be denied to #arliament or State Legislature shall not be denied to an" !erson 7section C8

Records means !ection 2": 7i8 an" document, manuscri!t and file= 7ii8 an" microfilm, microfiche and facsimile co!" of a document= 7iii8 an" re!roduction of image or images embodied in such microfilm 7whether enlarged or not8= and 7i'8 an" other material !roduced b" a com!uter or an" other de'ice %u&'ic Authorit( means !ection 2": *n" authorit" or bod" or Institutions or self>go'ernment established or constitutedB> 7a8 7b8 7c8 7d8 b" or under the 0onstitution= b" an" other law made b" #arliament= b" an" other law made b" State Legislature= b" notification issued or order made b" the a!!ro!riate

+o'ernment, and includes an" < 7i8 bod" owned, controlled or substantiall" financed= 7ii8 non>+o'ernment -rgani,ation substantiall" financed, directl" or indirectl" b" funds !ro'ided b" the a!!ro!riate +o'ernment )ain o&*ectives of the R+I Act are:

To set u! a !ractical regime for gi'ing citi,ens access to information that is under the control of !ublic authorities and To !romote trans!arenc" and accountabilit" in the working of e'er" !ublic authorit" RTI is a tool of Administrative Reform

Aim : Das", timel" and s"stematic a'ailabilit" of information em!owered the citi,ens access to information held b" or controlled b" the #ublic *uthorit" +,o tier s(stem : - The *ct will o!erate at two different le'els of +o'ernments < at the 0entre and at the State < each will ha'e different set of #I- ? *#I-, a!!ellant authorit" and Information 0ommissioners +he three 'eve' regime for Accessing Information: At the first level of the regime, e'er" !ublic authorit" has designated officers for recei'ing a!!lications 7also called Einformation reFuests18 from citi,ens At the second level, e'er" !ublic authorit" has designated senior officers to look into those cases where citi,ens1 reFuests for information ha'e been refused If citi,ens do not get the reFuested information or are unsatisfied with the information the" ha'e recei'ed, under this law the" ha'e the right to send an a!!eal to the De!artment *!!ellate *uthorit" 7D**8 designated within the concerned !ublic authorit" AT the third level, an inde!endent State Information 0ommission 7SI08 has been set u! to look into those cases where citi,ens are

unsatisfied with the decision of the D**

The SI0 also has the

!owers and res!onsibilit" to monitor com!liance of !ublic authorities to this *ct and submit an annual re!ort to the State Legislature Ro'e of Courts section 2-" *ccording to the RTI *ct the decision of the State Information 0ommission is binding on all !arties SI0 0ourts are barred from inFuiring into the decision of the *ccording to the 0onstitution, the But is must be remembered that this law gi'es effect to a

fundamental right of citi,ens

Gigh 0ourts 7*rt 2248 and the Su!reme 0ourt 7*rt :28 ha'e the !ower to look into an" matter relating to the fundamental rights of citi,ens Technicall", a citi,en has the right to a!!roach the Gigh 0ourt or the Su!reme 0ourt, if he? she is not satisfied with the decision of the SI0

Ro'e of %u&'ic Information #fficer . Assistant %u&'ic Information #fficer !ection 5, /, 0, 1, 2, 10, 11" 3esignation of !tate %I# - !ection 5 1" : D'er" !ublic authorit" shall, within one hundred da"s of the enactment of this *ct, designate as man" officers as the 0entral #ublic Information -fficers or State #ublic Information -fficers, as the case ma" be, in all administrati'e units or offices under it as ma" be necessar" to !ro'ide information to !ersons reFuesting for the information under this *ct #I- must be designated b" e'er" !ublic authorit" at the le'el of *dministrati'e 2nit or office under it In #ublic *uthorit" controlled b" the State +o'ernment, the" are called State #ublic Information -fficer 7S#I-8 3esignation of Assistant %u&'ic Information #fficer !ection 5 2" : D'er" !ublic authorit" shall designate an officer, within one hundred da"s of the enactment of this *ct, at each sub>

di'isional le'el or other sub>district le'el as a 0entral *ssistant #ublic Information officer or a State *ssistant #ublic Information -fficer, as the case ma" be, to recei'e the a!!lications for information or a!!eals under this *ct for forwarding the same forthwith to the 0entral #ublic Information officer or the State #ublic Information -fficer or Senior -fficer s!ecified under sub>section 7)8 of section )H or the 0entral Information 0ommission or the State Information 0ommission, as the case ma" be *S#I- is designated at the Sub Di'ision or Sub District le'el

The

De!artment

of

Information

Technolog"

7*dministrati'e

Reforms8, +o't of #un$ab has been made a nodal *D for enforcing the !ro'isions under the RTI *ct The Department of Information Technology (Administrative Reforms) vide letter dated 15.0 .!005 provided that the follo"ing criteria may #e adopted for designating the $%I&'$ and A$%I&'$
Sr. No.
1 )

Unit at which information is to be supplied

2 Distt ? Tehsil Le'el

Concerned officer to be designated A.P.I.O.

3 Immediate (unior -fficer to the Distt Gead Immediate $unior officer to the Gead of the region?circle 0oncerned Sub> Di'ision -fficer 7c8 Immediate $unior officer to the commissioner of di'ision Immediate $unior officer to the Gead of the De!artment 0oncerned 2nder Secretar", De!ut" Secretar", (oint Secretar", *dditional or S!ecial Secretar"

P.I.O.
4 Distt Gead

Appellate Authority
5 Gead of the De!artment

Region ?0ircle Le'el

Gead of region? circle De!ut" 0ommissioner of the Distt 0ommissioner of the Di'ision

Gead of the De!artment

.or the offices of D01s at Distt le'el .or the offices of Di'isional 0ommissioner at Di'ision Le'el .or offices located at the le'el of the Gead of the De!tt *t the le'el of *dministrati'e De!artment

0ommissioner of the Di'ision .inancial 0ommissioner, Re'enue

&

Gead of De!artment

0oncerned *dministrati'e Secretar" of the de!artment concerned 0hief Secretar" to +o'ernment of #un$ab

0oncerned *dministrati'e Secretar" of the De!artment

The

a#ove

is

initiative

one.

The

Administrative

Department ( %)#lic A)thority sho)ld ma*e change or

alternative arrangements in the aforesaid set )p in vie" of the re+)irements of their departments.

Ro'e of !tate %I# !ection 0 : Recei'e information reFuests 7a!!lication8 from citi,en under this act and ha'e the res!onsibilities and duties to !ro'ide the information within :0 da"s 74C hours concerning life ?libert" of !erson8 #I- shall render assistant to those who cannot write an a!!lication 2nder this act, it is mandator" that he has the right to seek assistance from an" other officer, if he consider, necessar" for the !ro!er discharge of his duties, section & 748 7such officer whose assistant is taken will also be treated as #Iand is liable to !unished 4 disci!linar" action for not furnishing information in time or refusing information or for gi'ing wrong information or misleading information +i'e information in the form in which it is originall" sought sub$ect to resource constraints ad !reser'ation of the record in Fuestion #I- to intimate the additional fee towards cost of !ro'iding information in writing within )& da"s of the recei!t of a!!lication and to intimate the details of the figures arri'e at #I- has initial authorit" to decide whether disclosure of information is in !ublic interest or not?which !art of record

co'ered b" the e3em!tion clause under Section < C and Section <H #I- as the initial authorit" to gi'e reason for re$ection of information reFuest, detail of time limit for a!!eal and the a!!ro!riate a!!eal authorit" It is the res!onsibilit" of #I- to !ro'e that the re$ection of a reFuest was $ustified during a!!eal !roceeding before State Information 0ommission 7Section )H &8 #I- to com!ile the information recei'ed from 'arious Fuarters in the manner reFuested Ge is Liaison between the +o'ernment and the State Information 0ommission The Role of %I& is to provide information to the citi,en )nder this act s)#-ect to provisions of this Act.

!ection 0 sums up the ro'e of %I# in a %u&'ic Authorit(: . The #I- on recei!t of reFuest seeking information, shall dis!ose of reFuest as e3!editiousl" as !ossible and in an" within the thirt" da"s of the recei!t of the reFuest 74C hours concern the information relating to life or libert" of a !erson8 either !ro'iding the

information on !a"ment of such fee as ma" be !rescribed or re$ect the reFuest for an" of the reason s!ecified in Section C 4 H

Ro'e of !tate A%I# : Ge will act like a #ost -ffice Duties ? Res!onsibilities to recei'e information reFuests from citi,en and forwarded these to the #I- of the concerned !ublic authorit" that is likel" to ha'e the information being sought b" the a!!licant Ge is not res!onsible for not gi'ing information to the reFuester? a!!licant 7as the res!onsibilit" is of #I-8 *S#I- is not an assistant to the S#I Ge does not ha'e the !ower to ask the reFuestor wh" he ? she wants such information as the act clearl" !ro'ide that the reFuestor shall not be asked to gi'e reason for seeking information Ge is to forward a!!eal to De!artment *!!ellate *uthorit" 7D**8 and the State Information 0ommissioner 7SI-8 against the decision of #INote 1:- Sent the a!!lication of citi,en at once to #I- as under this act onl" fi'e e3tra da"s o'er and abo'e the limit of :0 da"s to gi'e information if the reFuest is forwarded to *#INote 2:- 0iti,en has the right to send a com!laint to SI0 if *I#does not acce!t the a!!lication as forwarded to the #IIf a!!ro'ed, guilt", *#I- ma" be fined b" SI0

%ena't( %rovision !ection 20 : D'er" #I- will be liable fine of Rs 2&0?> !er da" till the a!!lication is recei'ed or information is furnished amount is u! to Rs 2&,000?> B > )8 28 :8 48 &8 68 @8 not acce!ting an a!!lication of seeking information without an" reasonable cause= has not furnished information within the time schedule under the !ro'isions of RTI 7dela"ing information8= malafide den"ing information= knowingl" gi'ing incom!lete, incorrect, misleading The total

information= destro"ing information which was the sub$ect of the reFuest= 7not gi'ing in the form in which it has been sought obstruction furnishing of information in an" manner SI0 has the !ower to im!ose the !enalt" of fine and can also recommend disci!linar" action for !ersistent 'iolation of the law against and erroring Isection 20 728J Section 20 728 !ersistent failure in the !art of #I- without an" reasonable cause shall reFuire SI0 to recommend disci!linar" action against the #I- concerned

App'ication !ection /: -

Information

re4uests" %rocedure

0iti,en who desires to obtain an" information under the actB )8 %ake reFuest in writing or electronicall" in Dnglish, Gindi or local office language of the area where the a!!lication is being made, accom!an"ing such fee as !rescribed to #I-, *#I-, s!ecif"ing the !articulars of the information sought b" him 7*!!lication in writing ma" be submit !ersonall" or electronicall" or b" !ost or b" courier 8 28 a!!lication ma" be !resented to #I-?*#I:8 citi,en make reFuest orall" to #I-?*#I- who must render all reasonable assistance to reduce the same in writing 70iti,en ma" illiterate, disabled8 48 Reason for seeking information need not be gi'en b" the a!!licant effect &8 #a" fees as ma" be !rescribed 7if not belonging to B#L categor"8 68 Refusal to acce!t an a!!lication without reasonable course is an offence @8 The act !ro'ides the fee should be reasonable 7a!!lication fee8 *#I- ? #I- also cannot seek e3!lanation to this

Note 1: *#I- forward such a!!lication to the #I- of the #ublic *uthorit" that controls the Information reFuested Note 2: The #I- director" !ublished b" the State +o'ernment ma" be used for this !ur!ose (Specification of forms of application, acknowledgement, fee etc.) /ote0 1nder section !2 of the RTI Act, !005, it has #een provided that the appropriate 3overnment ma*e r)les to carry o)t the provisions of this act #y notifying in the official ga,ette. Accordingly, the %)n-a# 3overnment framed, the Right to Information R)les, !005 vide /otification dated 1!.10.!005, revised vide notification 14.1!.!005. Again amended vide /otification dated !5.05.!002 and no" is called the %)n-a# Right to Information R)les, !002. These r)les provides as )nder0 . )8 * !erson who desires to obtain information shall make an a!!lication in form E*1 to the #I- either in !erson or through registered !ost alongwith a fee as s!ecified under rule & of the these rules 7the !resent a!!lication fee is Rs )08 28 :8 -n recei!t of an a!!lication, the S#I- shall gi'e a recei!t in token thereof to the a!!licant in form EB1 Dach !ublic authorit" shall maintain the information register in the form E01 in res!ect of the records of reFuests recei'ed from the a!!licants for seeking information

48

The a!!lication, recei'ed without reFuisite fee, shall not be entertain and shall liable to be re$ected straight wa" without gi'ing an" notice to the a!!licant

5#67R8)78+ #9 %:8JA$ 37%AR+)78+ #9 ;;;;;;<< 9#R) =A> !ee ru'e - I""

A%%6I7ATI&/ 8&R I/8&R9ATI&/ 1/D:R $:7TI&/ 5 (1) &8 T;: A7T To The State #ublic Information -fficer? *ssistant State #ublic Information -fficer 7/ame of the -ffice with address8 KKKKKKKKKKKKK KKKKKKKKKKKKK ) 2 : 4 & .ull name of the a!!licant .ather1s ? S!ouse1s name #ermanent *ddress 0orres!ondence *ddress #articulars of information solicited a Sub$ect matter of information b The !eriod to which the information relates c S!ecific details of information reFuired d ;hether information is reFuired b" !ost or in !erson 7The actual !ostal charges shall be included in !ro'iding information8 e In case b" !ost then indicate whether b" ordinar", registered or s!eed Is this information not made a'ailable b" the #ublic *uthorit" under 'oluntar" disclosure Do "ou agree to !a" the reFuired fee Ga'e "ou de!osited a!!lication fee 7If "es details of such de!osit8 ;hether belongs to Below #o'ert" Line categor" 7If "es ha'e "ou furnished the !roof of the same with the a!!lication8 B B B B B B B B B B B B B B KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK KKKKKKKKKKKKK

6 @ C H

#lace DateB

.ull Signature of the a!!licant and address

/ote0 Darlier under #b Info Rules, 2006, !articulars of the identit" was also included in the !roforma It has also been !ro'ided there that incom!lete a!!lication which has not been gi'en in the !rescribed form and recei'ed without reFuisite fee shall not be entertained and shall liable to be re$ected straight wa" without gi'ing notice

8ame of the 3epartment or %u&'ic authorit( ;;;;;;<< 9orm =$> !ee Ru'e - 2"" Ac?no,'edgement

#99IC7 #9 +@7 !+A+7 %:$AIC I89#R)A+I#8 #99IC7R

Recei'ed the a!!lication from %r ? %s L L L L L L L L L L L L L L L L L L L L L L *ddress L L L L L L L L L L L L L L L L L L L L L L LLLLLLLLLL LLLLLLLLLLLLLLLLL LLLLLLLLLL LLLLLLLLLLLLLLLLL Seeking information on 7sub$ect to be s!ecified8L L L L L L L L L L L L L L 9ide Diar" /o L L L L L L L L L L dated L L L L L L L L L L #laceB DateB .ull /ame of State #ublic Information -fficer? *ssistant State #ublic Information -fficer, Designation and Seal

Registering a comp'ete app'ication in order": Dnter the details of the a!!lication in to the RTI a!!lication register on the same da" of recei'ing the a!!lication 7.orm < 08 *!!lication recei'ed b" !ost ? courier ? email 0heck the !articulars of the a!!licant and fee of the a!!licant etc Note: If the a!!lication is ineligible, the details of !articulars are missing, !roof of a!!lication fee 7B#L !roof etc 8 are not found, inform the a!!licant b" !ost 7ad'isable contact on !hone? email, if gi'en8 If the a!!lication is found in order enter in the RTI register and the recei!t be issued to the a!!licant

8ame of the 3epartment or %u&'ic Authorit( ;;;;;;<< 9#R) =C> B!ee ru'e - -" C
FO !A" FO Sr. No. Date of Application Name of Addres person s of the requiring person the information Nature of information "#$ INFO !A"ION $%IS"$ Date on Date on which the which the information authority/ shall be authorities supplied concerned requested to supply the required information , No. & Date on Date of date of which the supply of reminder information information issued is received to the by the person .!.". from concerned the requiring authority/ the authorities information concerned %. %% %& #easons #emar$s in brief for not supplying informatio n

% % & ' ( ) * + ,

&

'

Whether Name of all the formalities authority have been from which complied the by the information person is to be requiring collected the informatio n * +

%'

%(

3ispatching comp'ete app'ication to the concerned %I#: i8 ii8 If the a!!licant has a!!lied to the *#I-, send it to the If Information reFuested is full" or !artiall" held b" another #ublic *uthorit" or the sub$ect matter of the a!!lication is more closel" connected with the functioning of another #ublic *uthorit", transfer the a!!lication or the rele'ant !art of the a!!lication to such #ublic *uthorit" such transfer in writing immediatel" iii8 If, *#I- or #I- recei'e a reFuest for information that is not a'ailable with his office 7not his sub$ect matter8 what is likel" to a'ailable to other office or !ublic *uthorit", it is a dut" of *#I-? #I- to transfer that reFuest to the concerned #I- or #ublic *uthorit" Note: - The #I- director" !ublished b" #un$ab +o'ernment ma" be used for this !ur!ose i'8 Transfer the a!!lication as soon as !ossible but not later than & da"s from the date of recei!t of a!!lication as grace !eriod sti!ulated in RTI act for communicating this transfer Avoida&'e for %I#. A%I#: Inform the a!!licant of concerned #I-

Don1t ad'ice the reFuestor to a!!roach the concerned #ublic *uthorit" as he ma" treat it as a refusal to acce!t the a!!lication and ma" send a com!laint to the DD* or the SI0 9ee !ection 0" Two t"!es of fee 7a!!licant fee and addition fee8 ) 2 The act !ro'ides that the a!!lication fee must be reasonable /o fee will be charged from !eo!le li'ing below the !o'ert" line the #I- in writing with calculating the details of how the figures arri'e at ;hether assess to information is to be !ro'ided in !rinted or in an" electronic format, ins!ection of records etc as reFuested b" the a!!licant 4 & *!!licant can seek re'iew the decision b" a!!l"ing to the a!!ro!riate a!!ellant authorit" 7DD*?SI08 *!!licant must be !ro'ided information free of cost if the decision to release information is taken after the time lime 8ee as laid do"n in the %)n-a# Right to Information R)les, !002 made )nder this act #y notification dated !5.05.!002. These r)les made )nder section !2 of this act. 3eposit of 9ee. mode of pa(ment : )8 Dither in cash or b" draft or I#- or 0heFue or b" Treasur" 0hallan

: If further fees are reFuired, than the same must be intimated b"

28

The fee shall be in fa'our of the concerned Drawing and Disbursing -fficer from where the information is to be obtained 7earlier it was in the fa'our of Gead of the De!artment ? #ublic *uthorit" concerned8

:8

S#I-, on recei!t of the a!!lication shall, scrutini,ing the a!!lication and assess how much fee reFuired to be !aid b" the a!!licant for obtaining information

48

The assessed fee shall be informed to the a!!licant b" #Iwithin !eriod of ten da"s from the recei!t of a!!lication in 8orm . D 7earlier it was fifteen da"s8

/ote0 The Boards ? 0or!oration? other *utonomous bodies of the State ma" get the amount of reFuisite fee de!osit in their own account maintained b" them +hrough +reasur( Cha''an in the fo''o,ing @ead of Account : %a$or Gead Sub>%a$or Gead %inor Gead Sub>Gead *ct Detailed Gead 00@0 < -ther *dministrati'e Ser'ices < 60 < -ther Ser'ices > C00 < -ther recei!ts < C6 < .ees under the Right to Information *ct 00@0 < -ther *dministrati'e Ser'ices 60 < -ther Ser'ices C00>-ther Recei!ts C6 < .ees under the Right to Information

Duantum of fee as app'ica&'e under %u&'ic Authorities of %un*a& !tate":)8 Rs )0 as a!!lication fee = 28 Rs 2 for each !a!er in *4 or *: si,e created or co!ied = :8 actual charge or cost !rice of a co!" in larger si,e !a!er= 48 actual cost or !rice for sam!les or models= &8 .or information !ro'ided in Diskettee or .lo!!", Rs &0 for diskette or .lo!!"= 68 /o fee for ins!ection of record for the first hour, fee of Rs &?> for each )& minutes 7or fraction thereof8 thereafter= and @8 Information seeking in !rinted form, at the !ri,ed fi3ed for such !ublication or Rs 2 !er !age of !hotoco!" for e3tracts from the !ublication C8 The a!!licant while de!ositing fee shall also submit a self addressed en'elo!e dul" stam!ed for su!!l"ing the information Stam!s on the en'elo!e shall be affi3ed according to the mode of su!!l"ing the information, as desired b" the a!!licant i e through ordinar", registered or s!eed !ost Note 1. The fee assessed under the #un$ab Right to Information *ct, 200@ shall be informed to the a!!licant b" the #I- in the form <D' within the !eriod of )& da"s from the recei!t of a!!lication Note 2. 2nder the said Rule, the fee collected shall be maintained in the cash register in 8orm = 8

8ame of the 3epartment or %u&'ic Authorit( ;;;;;;<< 9#R) =3> B!ee ru'e E E"C
I/8&R9ATI&/ 8&R 8:: A$$:$$:D 8&R 9A>I/3 %A?9:/T .romB LLLLLL LLLLLLLLLLLLLLLL 7/ame and Designation of the State #ublic Information -fficer8 To Shri L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L LL L L L L L L L L L L L 7/ame of the *!!licant 4 *ddress8 $)#-ect0 Sir, #lease refer to "our a!!lication dated L L L L L L L L L L L L L addressed to the undersigned reFuesting information 7sub$ect to be s!ecified8 L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L 2 I am to inform "ou that the following amount towards cost for !ro'iding information ma" be $)pplying of information )nder Right to Information Act, !005

de!osited b" wa" of 0rossed Demand Draft ? Banker1s 0heFue? I#-? 0ash? Treasur" 0hallan to enable the undersigned to furnish the information sought b" "ou : a8 the Demand Draft ? Banker1s 0heFue? I#- should be drawn in fa'our of 7#articulars of the Drawing and Disbursing -fficer of the -fficer to be s!ecified8 or the amount ma" be de!osited in case with the said Drawing and Disbursing -fficer of this office : b8 *ccountsB > %a$or Gead Sub>%a$or Gead %inor Gead Sub>Gead 4 00@0 < -ther *dministrati'e Ser'ices 60 < -ther Ser'ices C00>-ther Recei!ts C6 < .ees under the Right to Information *ct the amount of fee ma" also be de!osited through Treasur" 0hallan in the following Gead of

* self addressed en'elo!e dul" stam!ed ma" also be submitted for su!!l"ing the reFuisite

information Stam!s on the en'elo!e ma" be affi3ed according to the desired mode of su!!l"ing the information i e through ordinar", registered or s!eed !ost .ee 0alculation L L L L L L L L L L L L L L L L L L Total amount to be de!osited L L L L L L L L L L L L L L L L L L Mours faithfull", #lace B Date B #ublic Information -fficer

8ame of the 3epartment or %u&'ic Authorit( ;;;;;;<< 9#R) =9> B!ee ru'e E /"C CA!@ R75I!+7R
Sr. No. Name & address of the applican t -.

'ate of application

'ate of deposit of amount /.

Particulars of fee( Cash) 'emand 'raft) IPO) "reasury challan with date & amount 0.

efund* if any

emar+s

,.

..

1.

2.

There is no fee for listed below !o'ert" line, which facts shall ha'e to be authenticated b" !roducing the B#L 0ard

+ime Aimit +ime !chedu'e !ection 0" )8 :0 da"s from the recei!t of the a!!lication recei'ed 7#I- must decide as earl" as !ossible8 28 4C hours for information concerning the life and libert" of a !erson 7article 2)of the 0onstitution8 Isense of urgenc" in'ol'ed in itJ :8 The !eriod from the dis!atch of the letter of intimating the additional fee b" the #I- to the a!!licant and the date of !a"ment of fee b" the a!!licant shall be e3cluded for the !ur!ose of calculating the :0 da"s 7inter'ening !eriod8 48 If information sought relates to another !ublic authorit" 7office8, fi'e e3tra da"s is admissible &8 If the interest of a third !art" in'ol'ed, time limit will be 40 da"s 7ma3imum !eriod of :0 da"s N time gi'en to the third !art" to make re!resentation87Section @ 7@8 read with section ))8 68 /o action taken on a!!lication for :0 da"s is deemed a refusal < !ro'ision of !enalt" @8 If #I- fails to com!l" the time limit with some reason, the information is to be !ro'ided free of cost C8 If the a!!licant makes a!!eal to D** or SI0 about re'iew of the addition fee charged b" #I-, the time s!ent in this !rocess shall be e3cluded in time limit

Communicating the app'icant #I- should not wait the time limit of :0 da"s as the !a!ers of this sub$ect shall !ile u! and work load will increase Take decision as earl" as !ossible to !ro'ide information b" communicating the reFuestor Re*ection of App'ication Re4uestor" su&-section 1 of

!ection 0 #I- is reFuired to communicate to the a!!licant in writingB < )8 The reason?s for re$ecting the reFuest 28 The !eriod with which the a!!licant ma" a!!eal against the re$ection :8 The !articulars of the a!!ellant authorit" 7/ame, Designation, address e>mail etc 8 Note : 2nder the #un$ab Right to Information *ct, 200@, it has been !ro'ided that the intimation of re$ection shall be communication in the 8orm < :'

8ame of the 3epartment or %u&'ic Authorit( ;;;;;;<< 9#R) =7> B!ee ru'e E 5"C
I/TI9ATI&/ &8 R:@:7TI&/
.romB LLLLLL LLLLLLLLLLLLLLLL 7/ame and Designation of the State #ublic Information -fficer8 To Shri L L L L L L L L L L L L L L L LLLLLLLLLLLLLLL LL 7/ame 4 address of the a!!licant8 $)#-ect0 Sir, #lease refer to "our a!!lication dated L L L L L L L L L addressed to the undersigned reFuesting for the su!!l" of information regarding L L L L L L L L L L L L L L L L L L L L L L L L L L L 2 7i8 7ii8 7iii8 7i'8 7'8 7'i8 7'ii8 7'iii8 : The undersigned regrets to e3!ress his inabilit" to furnish the information asked for on It comes under the e3em!ted categor" co'ered under sections C and H of the *ct Mour a!!lication was not com!lete in res!ect of L L L L L L L L L L L L L L L L L L Mour identit" is not satisfactor" The information is contained in !ublished material a'ailable to #ublic Mou did not !a" the reFuired fee with "our a!!lication for !ro'iding information The Information sought for is !rohibited as !er the !ro'isions of section 24 748 of the *ct The information as sought for b" "ou is a'ailable in our ;ebsite 7name of the website to be s!ecified8 L L L L L L L L L L L L L L L L L L L L L L L L L L "ou ma" download the information .or an" other reasonL L L L L L L L L L L L L L L L L L L L L L L L L L L Gowe'er, if "ou feel aggrie'ed b" this refusal, "ou ma" file an a!!eal before the 7s!ecif" the account of the following reasons, namel"B > $)pply of information )nder the Right to Information Act, !005

!articulars of the *!!ellate *uthorit"8 L L L L L L L L L L L L L L L L L L L L L L L L L within a !eriod of :0 da"s of the recei!t of this letter

#laceB DatedB

/ame and Designation of State #ublic Information -fficer

7Femption 8on- 3isc'oser information. Ghat is not open" )0 categories in section < C and ) in section < H a8 Information that would !re$udiciall" affect the so'ereignt", integrit", securit", scientific or economic interest and relation with a foreign state= b8 Information whose release is forbidden b" a court or tribunal or disclosure which might constitute contem!t of court= c8 Information whose release ma" lead to breach of !ri'ileges of #arliament or State Legislatures= d8 0ommercial and trade secrets, intellectual !ro!ert" etc that would harm com!etiti'e !osition of third !art" unless the com!etent authorit" is satisfied that larger !ublic interest warrants the disclosure of such information=

e8 Information a'ailable to a !erson in his fiduciar" relationshi! unless the com!etent authorit" is satisfied that the larger !ublic interest warrants the disclosure of such information= f8 Information recei'ed in confidence from a foreign go'ernment=

g8 If information disclosure endangers life and !h"sical safet" of an" !erson or identif" the source of information or assistance gi'en in confidence for law enforcement or securit" !erson= h8 i8 If it is likel" to im!ede the !rocess of in'estigation or a!!rehension or !rosecution of offenders= 0abinet #a!ers including Secretaries and other officers= reasons contained in them will decision has been taken and the and deliberations of %inisters, 7but decisions and related be made !ublic after the matter is com!lete or o'er8=

$8

Information which relates to !ersonal information the disclosure of which has no relationshi! to an" !ublic acti'it" or interest or which would cause unwanted in'asion of the !ri'ac"

of the indi'idual 7#ersonal or !ri'ate information < sub$ect to larger !ublic interest < to be decided b" the #ublic Information -fficer, the a!!ellant authorit" 8 Note 1: $ection 4 also provides that information "hich cannot #e denied to the %arliament or to the $tate 6egislat)re shall not #e denied to the Information see*er. Note 2: All eAemptions s)#-ect to p)#lic interest override. If p)#lic interest in disclos)re o)t"eighs the harm to the protected interest, a p)#lic a)thority may allo" to assess information. Note 3: Sub$ect to the !ro'isions of 7a8, 7c8 4 7i8 abo'e, u!on com!letion of 20 "ears, information about an" occurrence, e'ent or matter will be gi'en irres!ecti'e of e3em!tion 7information relating to se'erit", integrit", securit", strategic , scientific and economic interest which lead to incitement to committee an offence, cabinet !a!er, including records of deliberations of council of ministers, secretaries and other officers, and matter relating to the !ri'ilege and immunities of legislatures and %#s will not be gi'en e'en after 20 "ears !ection 2 : #I- has gi'en !ower to re$ect, an a!!lication seeking access of information if discloser will infringe u!on the co!"right of the third !art" other than the state Note: This is also s)#-ect to p)#lic interest.

!ection 10 %artia' 3isc'oser : Information e3em!t from discloser under section C is !artial discloser if a record contain with e3em!t and non e3em!t information /on e3em!t information contained in such record ma" be disclosed u!on reFuest ;hile communicating the decision to grant !artial access to information or record i e the S#I- is reFuired to gi'e in writingB > )8 which !art will be !ro'ided after se'ering the e3em!t !ortion 28 reasons for re$ecting the reFuest including an" factual or material funding the re$ection of which is based :8 name 4 designation of the !erson gi'ing other decision for granting !artial access 48 details of fee calculated b" the decision making and the amount of fee the a!!licant is reFuired to de!osit &8 the a!!licant is regret to see the re'iew of the abo'e decision 7want a!!eal8 and the S#I- is to gi'e the a!!licant the !articulars of the a!!ellate authorit" 7DD* or SI08, time limit of a!!eal ? re'iew, fee charge, forms that are !resented for this !ur!ose etc

Information to Third %arty (any#ody other than the applicant ma*ing a re+)est for information #)t incl)des a p)#lic a)thority) ($ection 11) ;here the S#I- intends to disclose an" information or record or !art thereof on a reFuest made under this act and the information relates to or has been su!!lied b" third !art" and has been treated as confidential b" the third !art" #I- shall gi'en written notice to the third !art" within fi'e da"s from the information seeker to make an" re!resentation to this effect Third !art" ma" also be informed in this notice !articulars of the a!!ellant authorit" details of the a!!eal, a!!eal !rocess and the time limit for filing the a!!eal if the decision taken to disclose the information Third !art" shall be gi'en a chance to make re!resentation to the #I- within ten da"s of recei'ing the notice If the disclosure of the information gi'en b" third !art" is more im!ortant in the !ublic interest as com!are to the harm or in$ur" it ma" cost to the interests of the third !art", #Ishould disclose the information to the a!!licant Note: - Trade or commercial secrets protected by law are exempt from disclosure Act not to app'( certain organisations !ection 2E": The intelligence and securit" organisations s!ecified in the second schedule 722 nos 8 being organisation established b" 0entre +o'ernment Gowe'er, the information relating to the allegations of corru!tions, and human rights 'iolations shall be !ro'ided The !ermission of

0I0 is reFuired for !ro'iding information relating to allegation of 'iolations of human rights and fort" fi'e da"s time limit is !ermissible Section 24 7:8 !ro'ides that the State +o'ernment b" notif"ing in the official ga,ette ma" s!ecif" such intelligence and securit" organi,ation *ccordingl", the #un$ab +o'ernment, De!artment

Information Technolog" 7*dministrati'e Reforms Branch8 'ide notification dated 2: 02 2006 has !ro'ided that the act shall not a!!l" to the following organisations under the De!artment of Gome *ffairs 4 (usticeB 7)8 728 7:8 748 7&8 Intelligence ;ing, *rmed #olice including *rmed Battalion of #*#, 0ommando and IRB, Securit" ;ing District #olice and +R# in relation to 7a8 %atters and issues related with the collection of intelligence and inter!retation and discrimination thereof= 7b8 matters and issued related to the securit" of an indi'idual installation, !remises or organisation, ;ar time o!erational !lans to the 'arious Battalion of Border ;ing, Gome +uard, 7@8 0i'il Defence !a!er !lans of earmarked ci'il defence towns of #un$ab

768

The information relating to the allegations of corru!tions, and human rights 'iolations shall be !ro'ided The !ermission of SI0 is

reFuired for !ro'iding information relating to allegation of 'iolations of human rights and fort">fi'e da"s time limit is !ermissible %o,ers and functions of the !tate Information

Commission !ection 11": )8 S0I0 has a dut" to recei'e com!laints from an" !erson B > a8 b8 c8 d8 e8 f8 28 :8 who has not been able to submit an information reFuest because a #I- has not been a!!ointed= who has been refused information that was reFuested= who has recei'ed no res!onse to his? her information reFuest within the s!ecified time limits= if he? she thinks the fees charged are unreasonable= if he? she thinks information gi'en is incom!lete or false or misleading= and an" other matter relating to obtaining information under this law #ower to order inFuir" if there are reasonable grounds= S0I0 will ha'e !owers of 0i'il 0ourt such asB > a8 summoning and enforcing attendance of !ersons, com!elling them to gi'e oral or written e'idence on oath and to !roduce documents or things= reFuesting the disco'er" and ins!ection of documents= recei'ing e'idence on affida'it= reFuisitioning !ublic records or co!ies from an" court or office=

b8 c8 d8

e8 f8 48

issuing summons for e3amination of witnesses or documents= an" other matter which ma" be !rescribed

*ll records co'ered b" this law 7including those co'ered b"

e3em!tions8 must be gi'en to S0I0 during inFuir" for e3amination Appea' %rovision !ection 12": *n" !erson who does not recei'e a decision within the time limit under this act or is not satisfied b" a decision of #I-, ma" fileB > 9irst appea' to the officer immediatel" senior to #I- in the concerned #ublic *uthorit" within :0 da"s from the date of #I-1s decision 7dela" ma" be condone b" the *!!ellant *uthorit" if sufficient course is shown8 7Fterna' Appea': *uthorit" +hird %art( Appea': *gainst #I-1s decision must be filed $econd *!!eal to the SI0?0I0 within H0

da"s from the date on which the decision was gi'en b" the *!!ellant

within :0 da"s before the first a!!eals bod" and within H0 da"s of the decision on the first a!!eal before the a!!ro!riate I 0 Burden of !ro'iding the information denial was $ustified b" with the #I-

3isposa' of Appea': - Internal a!!eals must be dis!osed within :0 da"s from the date of filing e3tendable b" )& da"s if necessar" but decision must be gi'en within 4& da"s /o time limit fi3ed for Information 0ommissioner to gi'e their decision Decision of Information 0ommissioner is binding but a!!eal on a !art of fact or law case be filed in the Gigh 0ourt Note: D)ring appeal proceeding #efore $tate Information 7ommission, it is the responsi#ility of %I& to prove that the re-ection of a re+)est "as -)stified.

The S0I0 has the !owers to secure com!liance of its decision from the #ublic *uthorit"B > a8 b8 c8 d8 e8 f8 g8 b" !ro'iding access to information, in the same form as !er reFuest= b" a!!ointing a #I- where non e3ists in a #ublic *uthorit"= b" !ublishing such information or categories of information= b" making necessar" changes to its !ractices in relation to the maintenance, management and destruction of records= b" enhancing training !ro'isions for officials on RTI b" seeking and annual re!ort from #ublic *uthorit" on com!liance with this law= reFuire the #ublic *uthorit" to com!ensate an" loss or suffered b" the reFuester=

h8 i)

im!ose an" of the !enalties under this act= re$ect the a!!eal

5overnment of %un*a& 3epartment of Information +echno'og( Administrative Reforms $ranch" 8otification The !5th @)ne, !002 8o< 5<!<R<.CA22.2005.!-20.2000< In e3ercise of the !owers conferred b" sub>section 7)8 of section 2@ of the Right to Information *ct, 200& 70entral *ct /o 22 of 200&8, and all other !owers enabling him in this behalf, the +o'ernment of #un$ab is !leased to make the following rules to !ro'ide for the matters s!ecified is sub> section 728 of the said section, namel" B > R:A7! 1< !hort tit'e and commencement: 7)8 728 These rules ma" be called the #un$ab Right to Information The" shall come into force on and with effect from the date of their !ublication in the -fficial +a,ette 2< 3efinitions: In these rules, unless the conte3t otherwise reFuires, > 7a8 7b8 O*ctP means the Right to Information *ct, 200& 70entral O0ommissionP means the #un$ab State Information 0ommission, constituted under section )&= *ct /o 22 of 200&8= Rules, 200@

7c8 7d8 728

O.ormP means .orms, a!!ended to these rules= and OSectionP means a section of the *ct The words and e3!ressions used in these rules, but not defined, shall ha'e the same meanings as assigned to them in the *ct

-<

App'ication for o&taining information : 7)8 * !erson, who desires to obtain an" information admissible under the *ct, shall make an a!!lication in .orm E*1 to the State #ublic Information -fficer either in !erson or through registered !ost along with a fee, as s!ecified in sub>rule ) of rule & of these rules 728 -n the recei!t of an a!!lication, made under sub>rule 7)8, the State #ublic Information -fficer shall gi'e a recei!t in token thereof to the a!!licant in .orm EB1 7:8 Dach !ublic authorit" shall maintain the information register in the .orm E01 in res!ect of the records of reFuests recei'ed from the a!!licants for seeking information under the *ct 748 The a!!lication, recei'ed without reFuisite fee, shall not be entertained and shall liable to be re$ected straightwa" without gi'ing an" notice to the a!!licant

B. 8ee0 .

7)8 7a8 7b8 7c8 B>

The fee ma" be !aid in the following modes, namel" < b" 0rossed Bank Draft? Banker1s 0heFue?I#- or in cash in fa'our of the concerned Drawing and Disbursing -fficer from where the information is to be obtained or = in cash in fa'our of the concerned Drawing and through Treasur" 0hallan in the following Gead of *ccount

Disbursing -fficer or=

%a$or Gead Sub>%a$or Gead %inor Gead Sub>head Detailed Gead

K K K K K

00@0>-ther *dministrati'e Ser'ices 60>-ther Ser'ices C00>.ee under the Right to Information *ct, 200& C6>.ee under the Right to Information *ct, 200& 00@0>-ther *dministrati'e Ser'ices 60 < -ther Ser'ices > C00 < -ther recei!ts < C6 < .ees under the Right to Information *ct, 200&

728

The amount of fee shall be credited to the account as referred to sub rule 7)8 #ro'ided that the Boards ? 0or!orations and another *utonomous Bodies of the State, ma" get the amount of reFuisite fee de!osited in their own account maintained b" them

7:8

-n recei!t of an a!!lication, submitted under sub>rule 7)8 of rule :, the State #ublic Information -fficer shall scrutini,e the a!!lication and shall assess how much fee

is reFuired to be !aid b" the a!!lication for obtaining the information 748 The fee, assessed under sub>rule 7:8, shall be informed to the a!!licant b" the State #ublic Information -fficer in .orm ED1 within a !eriod of ten da"s from the recei!t of a!!lication 7&8 The intimation of re$ection of an a!!lication of the a!!licant seeking information under the *ct, shall be intimated b" the concerned State #ublic Information -fficer concerned, in .orm ED1 768 The amount of fee collected under this rule, shall be maintained in the cash register as s!ecified in .orm E.1 5< Duantum of fee: 7)8 *n a!!lication for obtaining an" information under sub> section 7)8 of section 6, shall be accom!anied with a fee of ru!ees ten onl" 728 The following fee shall be charged for !ro'iding information under sub>section 7)8 of section @, namel"B > 7a8 ru!ees two for each !age 7in *>4 or *>: si,e !a!er8 created or co!ied= 7b8 actual charge or cost !rice of a co!" in larger si,e !a!er= 7c8 actual cost or !rice for sam!les or models=

7d8 for ins!ection of records, no fee for the first hour= and a fee of ru!ees fi'e for each fifteen minutes 7or fraction thereof8 thereafter= 7e8 for information !ro'ided in diskette or flo!!", ru!ees fift" !er diskette or flo!!"= and 7f8 for information !ro'ided in !rinted form at the !rice fi3ed for such !ublication or ru!ees two !hotoco!" for e3tracts from the !ublication 7:8 The a!!licant shall, while de!ositing fee under sub>rule 728 of rule 4, shall also submit a self addressed en'elo!e dul" stam!ed for su!!l"ing the information Stam!s on the en'elo!e shall be affi3ed according to the mode of su!!l"ing the inforation, as desired b" the a!!licant i e through ordinar", registered or s!eed !ost !er !age of

/<

%rocedure to &e fo''o,ed in deciding appea': Before deciding an a!!eal, the 0ommission shall, > 7a8 7b8 7c8 7d8 7e8 ser'e notice to the concerned !ersons= entertain an" e'idence in su!!ort of a!!eal, which ma" be oral or in writing from the concerned !ersons= e3amine on oath or b" ha'ing affida'its from the !ersons concerned= !ersue or ins!ect the documents or an" records or co!ies thereof= inFuire through the authori,ed officer, the facts of an a!!eal or ma" reFuire facts in detail, if it so deems

a!!ro!riate, hear the State #ublic Information -fficer or officer senior in rank to State #ublic Information -fficer, who had decided the first a!!eal, or an" other officer or !ersons authorised in this behalf = and 7f8 recei'e e'idence on affida'its from the officer senior in rank to State #ublic Information -fficer, who had decided the first a!!eal or an" other officer or !erson authori,ed in this behalf from whom the e'idence ma" be deemed necessar" 0< )ode of serving notice: The 0ommission ma" ser'e notice to the !ersons concerned in an" of the following modes, namel"B > 7a8 b" hand deli'er" 7dasti8 through !rocess ser'er= or 7b8 b" registered !ost with acknowledgement due= or 708 b" !ublication in the news!a!er 1< #rder &( the Commission: 7)8 The 0ommission shall make order in writing and !ronounce the same on merits b" following the due !rocedure 728 *fter the decision is !ronounced b" the 0ommission, it shall intimate the same to the com!lainant and the State #ublic Information -fficer of the De!artment or the !ublic authorit" concerned

2<

Repea' and !aving: The #un$ab Right to Information Rules, 2006, are hereb"

re!ealedB #ro'ided that an" order made or action taken under the rules so re!ealed, shall be deemed to ha'e been made or taken under the corres!onding !ro'isions of these rules Note:- The .orms E*1 to E.1 mentioned under these rules ha'e been incor!orated at !age /o H, )0, )2, )&, )6, and )C $ome decisions of 7entral Information 7ommission (7I7) and %)n-a# $tate Information 7ommission ($I7): ) *!ril 06, 200@, Su!reme 0ourt -fficial told to a!!ear before 0hief Information 0ommissionerB 0I0 has directed? #Iand *dditional Registrar of the Su!reme 0ourt to a!!ear !ersonall" before 0ommission on %a" 2&, 200@ and also issued show cause notice as to wh" a !enalt" of Rs 2&0 ?> !er da" from the date when the information was due to the date when it actuall" su!!lied should not be im!osed under section 20 7)8 2 The information sought b" %r Aile" Singh, a 'illage near Delhi The Delhi Gigh 0ourt directed the 2#S0 on *!ril )@, 200@ to make !ublic the cut>off marks obtained b" candidates in !reliminar" test of the 0i'il Ser'ices e3amination ODisclosure of information as directed b" 0I0 cannot harm the interest of the 2#S0 and an" third !art" The a!!roach of the 0I0 in this

matter has been in correct !ers!ecti'e,P (ustice B D *hmed said while u!holding the order of the 0I0, which had directed the commission to re'eal the marks The 0ourt also re$ected the contention of the go'ernment bod" that the scaling s"stem followed b" it was 'er" confidential and it was their intellectual !ro!ert" which could not be re'ealed O .or scaling s"stem nothing further needs to be done as in ma" 'iew the same alread" stands disclosed b" the 2#S0 in the affida'it filed b" it in the Su!reme 0ourt,P the court said after going through 'arious affida'its filed b" it in the a!e3 court (ustice *hmed, before whom the commission had !laced its method of scaling s"stem in a sealed en'elo!, found that there was nothing s!ecial in it and the same s"stem was followed all o'er the world /ow the 2#S0 has challenged the order of Delhi Gigh 0ourt in the Gon1ble Su!reme 0ourt in %a" 0@ 3. 0I0 issued a notice on .oreign Secretaries a!!ointment on *!ril )4, 200@ %enon as su!erseding The +o't of India, a!!ointed Shri Shankar Secretar" in /o'ember, %s 2006 b" Gigh )6 -fficers including Sikri, .oreign

0ommissioner, Banladesh who sought !re>mature retirement as a !rotest She re!resented the +o'ernment on this issue but did not get satisfactor" re!l" In %arch 200@, she made an a!!eal with 0I0 reFuesting that she wanted to ins!ect all files dealing with the a!!ointments as

she was one "ear senior and wanted to see /oting file to know how he had aged !ast her, as to whether the rules and !rocedures b" the +o't in !rocessing the a!!ointment of %enon who su!ersede )6 officers 0I0 issued notice to the officers in the #%-s, 0abinet Secretar", De!tt of #ersonnel, D3ternal *ffairs %inistr" to a!!ear on *!ril 24, 200@ for hearing %s Sikri1s a!!eal 0I0 !anel com!rising 0hief Information 0ommissioner, ;a$ahat Gabibullah and 0ommissioner, - # 5a$ariwal heard this case on *!ril 24, 200@ The #%- refused to !art with the information on the ground that the file notings regarding the a!!ointments of .S are not co'ered under the RTI as such a discloser would lead to Ounwarranted in'asion of the !ri'ac" of the Indi'idual I.S -fficers screened for the !ost of .oreign Secretar"P 7The #%- obser'ed that re'elation of !ersonal information regarding candidates consider for the !ost of .S did not ha'e an" relationshi! with !ublic acti'it" or interest and said discloser of such information would amount to unwarranted in'asion of the !ri'ac" of other indi'iduals in the ,one of consideration8 The 0abinet Secretariat also o!!osed discloser of information and argued that 0abinet #a!ers were immune under RTI and should not be !utting in !ublic domain 0I0, howe'er, obser'ed that there should be no harm in disclosing such information The entire issue is in !ublic domain and has reser'ed its orders

/ow %s %inu Sikri filed another com!laint with 0I0 about a case of gender bias in Ist week of %a" 200@ The 0I0 on %a" 6 asked the 0abinet Secretar" to !roduce all the documents !ertaining to the a!!ointment of Shri Shi'e Shanker %enon as .oreign Secretar" in a sealed co'er on %a" )@, 200@ 0I0 also directed the D3ternal *ffairs %inistr" to allow ins!ection within )& da"s b" %s Sikri of the file on *0Rs !ertaining to the !romotion of .oreign Secretar" The decision is !ending 4. 0I0 fined Sat"a Thakur, 2nder Secretar" 7Gome8>cum>#I- on on account of dela" in !ro'iding information to a local resident under the RTI and latter after considering the re!resentation of #I- sta"ed its own order on C %a", 0@ ;hen %ahor Singh sought information which in'ol'ed gathering data from different de!tts of 2T But certain records were not a'ailable with the custodians1 of information which became a ma$or basis for this order ;hen %ahor Singh was denied information b" 2nder Secretar" 7Gome8 <cum>#I-, he filed an a!!eal with (oint Secretar" 7Gome8 who !assed order that since the record was not a'ailable and as such it could be said to ha'e been denied information and the dela" had occurred because of late recei!ts from other de!artments of secretariat Gowe'er, 0I0 ordered that whate'er is a'ailable with the !ublic office that has to be su!!lied Later the 2nder Secretar" made an re!resentation to the 0I0 sa"ing that he has acted as !er !ro'isions of the act under

!ro'ision &748 The 0I0 sta"ed its earlier order on 0C 0& 200@ till the matter was being looked into re!resentation 5. Shri GaFiFat Singh, 9illage %ohali had sought some

information on certain items 'ide his a!!lication dated )@ 0C 2006 under RTI *ct, 200& from #I- office of SS#, %ohali Shri Sur$it Singh, Gead 0onstable on behalf of the #Iand told the commission that the information demanded has been su!!lied Gowe'er, com!lainant stated that information on one s!ecific item relating to affida'it submitted b" him has still not been gi'en State Information 0ommission 7Shri Ra$an 5ah"a!, 0I0, Surinder Singh, I0, Lt +en # 5 +ro'er 7Retd8, I08 directed SS#, %ohali to gi'e a !ersonal hearing to the com!lainant )) 04 200@ -n )) 04 200@, again Gead 0onstable on behalf of #I->SS# a!!eared and the com!lainant also attended The com!lainant stated that he was heard b" the SS#, %ohali on the a!!ointed the a!!ointed date The SS#, %ohali had asked the DS#, 5harar to look into the matter *ccording to the com!lainant, the matter is still unresol'ed and the information has still not been deli'ered The Gead constable states that during the !ersonal hearing before the SS#, %ohali on @ : 200@, the com!lainant had made a fresh demand for information, which on @ 0: 200@ at )) 00 *% to satisf" him and The ne3t date fi3ed for deli'er whate'er information remains

is to be considered as a se!arate RTI a!!lication, in his affida'it, the #I- is free to clarif" the matter as to whether a fresh demand for information has been made taken a casual attitude to the RTI *ct In res!onse to The *ct clearl" this, the 0ommission obser'ed that 7)8 the res!ondent has !ostulates that the information is to be deli'ered where demanded within the time !rescribed= 728 %erel" making a !a!er for dis!osal to a subordinate authorit" does not amount to fulfilment of the res!onsibilit" of the #I- 7:8 * (unior -fficial of the le'el of the Gead 0onstable has been de!uted to !resent the case of the #I- < SS# This is unacce!table to the commission /o re!resentati'e lower than an *#I- should be de!uted at the hearing before the 0ommission The 0ommission further obser'ed that in so far as the deli'er" of information in Fuestion is concerned, it is not for the 0ommission to indicate or direct the !rocedure to be ado!ted b" the #ublic *uthorit" in this behalf res!onsibilit" of #IThis is sFuarel" the The 0ommission directed that whate'er

means are em!lo"ed, SS#, %ohali 7Shri R S 5haira8 should ensure that the information demanded is deli'ered to the com!lainant at his residence and the com!lainant will not come to the #olice Station for this !ur!ose The 0ommission also ordered that SS#, %ohali would submit an affida'it before the ne3t date of hearing i e :0 0& 200@, showing cause as to wh"

!enalt" be not im!osed on him for failure to deli'er the information demanded -n :0 0& 200@, none was !resent on behalf of the #I->SS# The com!lainant stated that he has not recei'ed the information, the commission obser'ed that the two directions ha'e also not been com!lied with and it a!!ears that the directions ha'e not been treated with the seriousness reFuired b" law Therefore, the commission directed that on the ne3t date that is 2@ 06 200@, the SS#, %ohali should !ersonall" !resent and should also su!!l" the information as demanded Before taking the final decision on im!osition of !enalt", the commission ga'e another o!!ortunit" to the res!ondent SS# to a!!eal !ersonall" before the commission on 2@ 06 200@ The D+# was reFuested b" the 0ommission to ensure the !resence of SS#, %ohali on the said date The SS# a!!eared on 2@ 6 200@ 6 Shri 5 R Bishist, a former SD, #;D 7B 4 R8 made a reFuest to #I- in the office of Secretar" to +o't of #un$ab, De!tt of #;D 7B 4 R8 for deli'ering him co!ies of *0Rs for the "ear )HH2>H: and )HH@>HC #I- initiall" maintain that the *0R was not traceable and did not !ro'ide the same Bishist made a com!laint before the #SI0 and the commission 'ide order dated .ebruar" 6, 200@ asked #I- to gi'e the same

#I- made the re!resentation before the commission b" seeking e3em!tion from the discloser of the *0Rs on the ground that this was !ersonal information as defined under section C 7)87$8 of RTI *0T Ge further made a !lea that the issue as to whether the *0Rs could be disclosed was !ending before the the three members bench of commission and the final decision was awaited Gowe'er, the a!!licant contested the arguments of #I- and said that claim of e3em!tion was an after thought and it was not o!en to #I- to make a fresh !lea now and further asserted that the commission1s order dated 06 02 200@ had gi'en a finalit" to the direction of the case which could not be re'oked now *dmitting the com!lainant1s assertion, the commission said the #I- !lea for e3em!tion could not be entertained at a stage when it has alread" issued an order directing the #I- to di'ulge the information sought from him The commission on *!ril )6, 200@ directed the #I- to file an affida'it within a week e3!laining wh" !enalt" should not be im!osed u!on him for not su!!l"ing the information sought under RTI The *0Rs were !ro'ided to the a!!licant The #I- made re!resentation to the commission that his intention was not malafide and 'ital issue was in'ol'ed under section C and as such he a!!roach the commission to reconsider its decision and made some other submission The SI0 filed the case @ RTI, record missing, !robe>sought

Lalit Sharma, who was the +eneral Secretar", +iani Aail Singh 0ollege of Dngineering 4 Technolog" made a re!resentation to the #resident of India on (une )), 2004, urged him to take a!!ro!riate action in connection with the alleged recruitments scandal took !lace between )HH@ to 2000 and due to this about three thousand candidates has suffered this com!laint The #resident -ffice asked the then 0hief Secretar" to take the necessar" action on ;hen no res!onse has been recei'ed, he Ge sought the information under RTI *ct from the -ffice of 0hief Secretar" *gain he did not recei'e the information a!!roached the State Information 0ommission 0ommission send the notice to the #rinci!al Secretar", De!tt of Technical Dducation asked the staff to find out the rele'ant record ;hen no record could be located, the #rinci!al Secretar" had written a com!laint to the SS#, 0handigarh to register an .IR and subseFuentl" in'estigate a matter !ertaining to the mis!lacement of the office record of the De!artment The SI0 has also been informed to this effect C SI0 fined Dera Bassi BD#- of Rs 2&,000?> on )) 0& 200@ * /agla based /+- 7The +ram (an 5al"an Sanstha8 through its !resident Sat"a Bhatia of Dera Bassis sought information from BD#- about de'elo!ment works carried out in the 'illage through +o'ernment grants and #ancha"at funds as /+alleged irregularties in the s!ending of the funds ;hen the

BD#- failed to !ro'ide information, the /+- filed an a!!eal with the #SI0 The commission sought the re!l" from the BD#- The BD#- informed the commission that the reFuisite information has been su!!lied to /+- #resident in a letter dated )4 )) 2006 Gowe'er, the com!lainant contested this The information and again a!!roached the commission

commission asked the /+- to file another a!!lication with the BD#- on *!ril &, howe'er, the BD#- failed to !ro'ide the information The commission held the BD#- guilt" of dela"ing information and fined Rs 2&,000?> chaired %s Ru!an Deol Ba$a$ and %r Ra'i Singh BD#H Shri #aram$it Singh, Science %aster 9s Secretar" 7Dducation8, The com!lainant 'ide his a!!lication dated (ul" 20, 2006 dul" accom!anied b" a reFuisite fees sought a information relating to his com!laint made against Shri Balbir Singh Saini, #rinci!al, +o't Sr Sc School of District /awanshehr the SI0, #un$ab heard this case ;hen he did not recei'e the information, he made the com!laint to -n /o'ember )&, 2006, the 0ommission The com!lainant was not !resent ;hereas %eanwhile, the BD#- 7!resent8 claimed that the case !ertaining to the tenure of the !re'ious

#un$ab

Shri %adan Lal, *#I-?DD- 7Secondr"8 for the res!ondant de!artment was !resent The *#I- admitted that the

information was not su!!lied The 0ommission found from the record that onl" interim communication dated 2H 0H 2006 has been made b" the Su!erintendent 7Branch>I98 with a co!" to the 0ommission, wherein it has been directed that the necessar" information should be su!!lied The 0ommission noticed that neither the information was su!!lied nor the #I-?office of the Secretar", De!tt of Dducation cared to file a res!onse to the notice from the commission dated )) 0H 2006 Shri %adan Lal, *#I- on this date )& )) 2006 has brought with him the co!" of the InFuir" Re!ort carried out u!on the com!laint of Shri #aram$it Singh conducted b" De!ut" Director 7Dducation8 Gowe'er, the #I- has not brought the su!!orting documents with the inFuir" re!ort which is incom!lete Ge has also brought a final order !assed b" the Secretar" 7Dducation8 after the inFuir" re!ort These documents were not attested to the true co!ies The 0ommission obser'ed that if these !a!ers ha'e been filed for the information of the 0ourt, there is no reason wh" these should not ha'e been su!!lied to the a!!licant and the *#I- is now directed to su!!l" full information as is reFuired in the a!!lication dated 20 0@ 200@ of Shri #aram$it Singh, including the statements of the witnesses and other attending !a!ers of the InFuir" Re!ort The commission directed that the !a!ers su!!lied should be attested to be true co!ies and these should also be filed in this court for record This ma" be done definetl" b" 2: )) 2006

and com!liance re!ort filed in this 0ourt on 2H )) 2006 without fail -n 2H )) 2006, none for the com!lainant was !resent whereas %s Balbir 5aur, Sr *ssistant for the De!artment 7authorised 'ide on file8 and Shri 9ishal Shingari, 0lerk with her were !resent The re!resentati'e of D#I stated that a !erson has been de!uted with these !a!ers orders b" the commission to su!!l" to the com!lainant toda", who has not "et returned to submit the re!ort and therefore, the com!liance re!ort cannot be filed The commission obser'ed this is not at all satisfactor" since the order has been !assed on )& )) 2006 that the !a!ers were to be su!!lied b" 2: )) 2006 and com!liance re!ort to be filed on 2H )) 2006 without fail The 0ommission also find that the directions issued b" the Su!erintendent, Branch I9 on behalf of #I- of the Dducation De!artment on 2H 0H 2006 ha'e not been com!lied with and it is no use issuing directions which are not acted u!on The 0ommission ordered that the #I- of the Directorate as well as the De!artment of Dducation are directed to file the 0om!liance re!ort immediatel" and also to show cause wh" !roceedings under Section 20 of the RTI *ct, 200& be not initiated against them and the ne3t date fi3ed for 24 ) 200@ -n 24 ) 200@, none for the com!lainant were !resent, Shri #ritam Singh, Su!erintendent, -ffice of D#I and Shri 9ishal Shingari, 0lerk was !resent The 0ommission noted that the

two !ersons !resent were also !resent on the last occasion ha'e made a com!letel" different re!ort regarding the status of the re!ort The 0ommission found that the a!!licant has been informed b" letter H ) 200@ that he should de!osit Rs 2?> !er !age for 4) !ages so that the information can be su!!lied The 0ommission obser'ed that it is rather strange that the fee which is to be asked for under Section @ 7:8 of the *ct within :0 da"s of the recei!t of the reFuest, which was made on (ul" 20 2006, is now being sought after the issue of direction b" this court on )& )) 2006, as 2H )) 2006 The 0ommission !ointed out section @ 768 wherein it is !ro'ided that the !erson making reFuest for the information shall be !ro'ided information free of charge where a !ublic authorit" fails to com!l" with the time limit The 0ommission concluded that the re!resentati'e of the #Iha'e been making false and misleading statements !ersonall" and therefore, the" are hereb" gi'en an o!!ortunit" show cause wh" action as s!ecified under section 20 should not be taken against both of them and in case no e3!lanations are filed and the" do not a!!ear, the action will be taken e3>!arte Note: The com!lainant or on his behalf did not a!!ear on the three dates, e'en than the 0ommission heard this case under the s!irit of RTI )0 Shri % R Singh 7Retd QD/8 com!lainant 9s #I- -?- (oint

Secretar", Irrigation De!tt , #un$ab 700 /o :4& of 20068

-n 2) 0H 2006, the res!ondents stated that the information reFuired b" the com!lainant is nor clear= otherwise the" are !re!ared to !ro'ide the same followsB 7)8 728 It is a fact that the !lacement of the com!lainant in #SD>II has been a!!ro'ed b" the ##S0, on the basis of his !romotion to #SD>II i e w e f & @ )H@)R It is a fact that the de!artment has filed an affida'it in the #un$ab 4 Gar"ana Gigh 0ourt, in which it was stated that the 0om!lainant among other !etitioners, has been !laced in #SD> II w e f the dates of their !romotionR The reason for gi'ing effect to !romotion in #SD>II w e f H ) )HC2 instead of & @ )H@) The 0ommission directed the res!ondent to su!!l" the abo'e information to the com!laint within )& da"s of the recei!t of these orders and the ne3t date fi3ed for )H )0 2006 for confirmation of com!liance -n the ne3t date, the com!lainant was !resent, and on behalf of the res!ondent, %s Garmindor 5aur, Sr *ssistant The defendant re!resenting the #I- reFuested for more time for collecting the information The 0ommission was of the 'iew that the reFuest for additional time was not reasonable as the answers were to be !ro'ided seems neither to long nor com!licated that the" could not be gi'en within fifteen da"s which was allowed The commission ordered that the #I- ? Shri Samir 5umar, I*S, S!ecial Secretar", Irrigation De!tt , #un$ab is gi'en an o!!ortunit" of show cause on The !recise information reFuired b" the com!lainant was therefore confirmed b" this court and it is as

7:8

the ne3t date of hearing i e H )) 2006 as to wh" the !enalt" of Rs 2&0?> for each da" that the order of this court were not com!lied with and the reFuired information was not gi'en to the com!lainant, till the date that this is done, should not be im!osed u!on him -n ne3t date H )) 2006, the com!lainant was !resent, whereas Shri Samir 5umar, S!ecial Secretar" and Shri Sh"am Lal, De!ut" Secretar" were !resent The commission obser'ed that the nature of information reFuired b" the com!lainant being the same? similar of all three cases 7/o 00 2H), :4& 4 :468 and are being dealt with b" this single order The com!lainant is not entirel" satisfied with the information which has been !ro'ided *s a result, the res!ondent has been re'ised to come again closel" to scrutini,ing the !oints raised b" the com!lainant in the three cases and re'ised his re!l" to ensure that the" are rele'ant and to the !oint The e3!lanation submitted b" #I-, S!ecial Secretar" Irrigation for the dela" caused in furnishing the reFuired information has been scrutini,ed and found to be satisfactor" and !roceedings initiated against him are therefore dro!!ed The commission further ad'ised to the res!ondent to furnish the rele'ant re!l" , where'er necessar", to the com!lainant before the ne3t date of hearing fi3ed for )4 )2 2006 -n this date non on behalf of the com!lainant or res!ondent was !resent Since the res!ondent has informed the commission that the re!lies to 00 2H), :4& 4 :46 was alread" sent to the com!lainant, the com!lainant is not !resent, no further action is reFuired and the matter is dis!osed off

))

Smt %an$it 5aur 9s #I- <D#I 7Secondar"8, #un$ab

In her

com!laint dated )) 0H 2006, to the 0ommission, she has stated that she made an a!!lication under RTI to the D#I on *ugust 4, 2006 along with the demand draft of Rs &0?> but no res!onse has been recei'ed She has asked information on si3 !oints detailed therein The 0ommission sent the com!laint to the #I- for res!onse within )& da"s with a co!" enclosed to the commission The #I- directed the Su!erintendent, %inisterial Staff to deli'er the information within a week In the meanwhile, %an$it 5aur 'ide letters dated 2: )0 2006 and )2 )2 2006 stated that she has still not recei'ed an" information The matter was entrusted to the 0ommission Bench on 2: ) 200@ The su!erintendent Branch In charge of %inisterial Dm!lo"ees and was the authori,ed re!resentati'e of #I- has stated that the information has been su!!lied on & out of 6 !oints and the co!" of the same has been !resented for record of the court -nl" one !oint relating to character 'erification, the re!ort is awaited from DD-, Goshiar!ur, who is being reminded for the same, howe'er, the full staff being bus" on election dut", some time ma" be gi'en, the commission ordered that the said information should be !ro'ided under due recei!t of all the documents without fail b" %arch 2: 200@ and the com!liance re!ort be filed on %arch 2: 200@ -n %arch 2C, 200@, the com!lainant was not !resent whereas Shri G S Sandhu #I->*sstt Director D#I and Shri #ritam Singh Su!erintend were !resent The Su!erintend !resent the com!liance re!ort alongith

the !hotoco!ies of the recei!t from the com!lainant regarding the si3 documents su!!lied to her and the co!" su!!lied to the 0ourt for record the commission obser'ed that Smt %an$it 5aur has been dul" informed about the hearing for 2C 0: :00@ and as she has not turned u!, it is therefore !resumed that she has nothing to sa" and thus the com!laint is therefore dis!osed off